No 35-1943 ..

Transcription

No 35-1943 ..
TRINIDAD
TOBAGO.
AND
Published as a Supplement to the Royal Gazette,
issued on the 18th day of November, 1943.
No 35-1943.
e
I ASSENT»
[L.S:}
. B. E. H,CLIF,FORD,
.
GovernOj".
17thNovember, 1943.
AN ORDINANCE relating to sawmills.
[18th November, 1943.]
E
NACTED by the Governor .of Trinidad and Tobago
", with the advice and consent of the Legislative Council "
thereof.
1. This Ordinance may be cited as the Sawmills Short title.
Ordinance, 1943.
2
..
No. v\).
1943.
Interpretation.
Sawmill
licences.
2. In this Ordinance-
,_,
". Conservator" Ineans the Conservator of Forests;
{( licensee '>meansa person who is the holder of a,
sawmill licence issued under-this Ordinance;
((-owner" in respect of a sawmill includes any
person having' possession thereof ; _
- (( sawmill" means a mill designed and used to
break down and convert logs into boards,
planks or scantlings, or to resaw such bo.ards, planks or scantlings into boards,planks or
scantlings of smaller dimensions, but -does not
include a turnery or machine shop
only'
furniture, toys or other wooden products are
man ufactured
(( sawmill licence'" means a licence to operate a
, sawmill issued by' the Conservator, under the
,provisions of this Ordinance.
a. (1) After the expiration of three months from the'
coming into force of this Ordinance, no sawmill shall be
operated except by a person duly licensed under this, "
Ordinance.
' i,
(2) A separate .,application., shall be,mfLcle and, a i:
separate licence shall pe granted #1. respect of each sawmiJL i
(3) A sawmill licence shall be, a§ nearly as may be,'"
in the form set out in the Schedule hereto signed -by the.; ,
Conservator and shalt expire on the 31st day of December
,of the year\during whjchit is granted.,
',
,
{4) The fee for 'a; sawmill licence ,sha,1l be four dollars'
and eighty cents fora;' year or part of a year.
-,
, .(5), A sawmillllcBnce shall not be transferable. _
I
The
Appiicatiol1
for sawmill
licences.
4. (1) ,Applications for sawmill licences: shall be
.
in writing to the Conservator, 'shall contain a postal
to which all communications 'may be sent,and shall',
be in such form as the Conservator may require.
c-(2) No application: for a sawmill licence shall be
entertained by the Conservator unless made and signed
by the owrier of the sawmill or, if such owner be abserit ,
Jrom the Colony or inc qpacitate d, by such owner's duly.
'authorised agent residing in the Colony: Provided thCi&
if the owner be a partnership, the application may be,
I
!'
-
,
't', '
3
,
No. 35.
Sawmills.
1943.
Inade
signed by a partner residing in the Colony, al1d
if the owner be a corporation the application may be made
and signed by a director, managei- or secretary thereof
residing in the Colony.
(3) No sawmill' licence shall be issued by the
Conservator until the prescribed fee has been paid to the
Accountant General.
_
due application made and.orfpaYlnent of tne ;{l
bed
aforesaid, t}!-;e,t-onservator shall. issue if';::{f
the hcence
that where a
has been cancelled up.derthe""Qowers conferred by sectIon
10, no new
be issuetl-t,Qthe person who was
the holdeJ,oftbe cancelled licence vv:tthouJ the approval
of
in .Council.
jJ
-n
I _ '--1"
ko
--
5. '1\lhenever a saWmill is operated without a sawmill
licence applicable thereto being in force, the owner thereof
and the rDanager or any person for the time being in charge
thereof shall each be liable on summary conviction to a
fine of four hundred and eighty dollars or to imprisonment.
for six months, and in the case of a continuing offence to
a further penalty of
dollars for each day
d:uring which the offence continuys.
".
6. The Conservator shall at the beginning of every l;isto£ sawmill
to be. published
Ro:(aZ Gazette a list. of
sawmIll hceJ?-ces
by lum
th:
month; and If at any, tIme :any such lIcence
. the
manner as aforesaId. ,
'?7</.A£ "i0
In
I
tJ,..«,;:Lfl
..
..
(1) The Conservator, may, by order signed .by him ConservatOr'
or on his behalf and served as hereinafter provided order rnay ask ior
the licensee of a sawmill or (in case such licensee be absent returns.
from the Colony or cannot be found or is incapable to act)
the manager or person for the time being in charge of such
sawmill to -furnish to the Conservator a return or a series
of returns in such form and at or within such time or times
as may. be specified in the order regarding any or all of the
following matters:'
(a) the stocks on hand of timber and timber
products which are the property of the licensee;
1(.
.
cr 1iI
4
No.3S.
1943.
Sawmills.
(b) the volume of timber Of tinlber products
(whether the property of the licensee or otherwise) received at the sawmill;
(c) the volume of the timber products obtained
frorn the cqnversion of timber received;
(d) the names and addresses of the persons from
whom timber or timber products have been
bought by-, the licensee, or who have sent
timber or timber products for treatment at the
sawmill ;
{e) the number of persons employed at the sawmill
the number of man-days worked.
(2) An order
by the Conservatorunder this,
section shall be deemed to have been duly served on -the
licensee of a' sawmill or on the manager or person: for the
time being in charge thereof if the same is served'
personally or is delivered to some person at, or sent by
post to, the postal address set .out in the relevant
application form.
(3) Every return made under this section shall be .
signed by the person making it and shall be forwarded to
tqe Conservator at his:.Office at Port-of-Spain.
.
. (4) If any person'· shall fail to comply with any
requirement' of an order made under this section or with
any requirements of subsection (3)
section, or shall
is false in a- material pa,rticular "
furnish any return
knowing or having reason' to believe that it, isialse as
aforesaid,he shall be' guilty of an offence agCl,inst this )
Ordinance.',',:··"
1
Books oo.be
kel)t,
8. (1) Every licensee shall keep, or cause to be kept,
books and records in the English language recording all
such particulars as may be necessary to enable' him to
render any such return or furnish any such·information as
the Conservator would be entitled to require under.' the
provisions of this O r d i n a n c e . ,
, (2) Such books and records shall be kept in, a safe
place on the premises on which the sawmillis situate.
" (3) If any licensee shall fail to cOIl:lply with the
requirements of this section in any respect, he shall be
guilty of an offence against this Ordinance,
'
"1"'1
5
:NG.35.
Sawmills.
9. (1) It shall be lawful for the Conservator, anypowerofer;try
'
Ponce
"
F orce, a t any andmspectlOn.
F ores t Offlcer,
or any memb er 011: -!-1
Lile
time when any sawmill is open, to enter th,e premises on
which any sawmill is situate for the purpose- of inspecting
the books and records required by section 8 to be
kept and, tlie timber and timber products therein
situate; and the licensee of such sawmill or the manager
or the persOli for the time being in charge thereof shall,
on demand made by the Conservator or other officer
aforesaid, produce for inspection all such books, records,
timber and tiu1ber products, arid shall answer truthfully
all such questions as may be asked by the Conservator or
other officer aforesaid with reference to STIch books,records,
timber, timber products or with reference to any of the
entries in, or contents of, such books and records.
(2) If any person shall- fail to comply with the
requirements of this section in any respect, he shall' be
guilty of an offence against this Ordinance.
Power to
10. (1) Whenever the licensee of any sawmill, or the
manager or person for the time being in charge thereof,
be convicted of any offence against this Ordinance,>
. the ',<;onservator may, without prej,udice to any penalty,
whicl:i\'l;llay be imposed therefor, cancel the sawmilllicerice
issued to.\. such licensee in respect of such sawmill.
(2)5uph cancellation shall take effect on;.the date· .
.at which wtHJen notification thereof' by or QU" behalf of'
the Conservator. ,js served on the licensee, ,0tid 'any .such
notific3;tion shall "ht=: deemed to have
served on the (f v
licensee on
which,
it is so;../served
personally
'7 If
, the date""Qn
.
, ;
v
or is deliVered to sC)}lle person at/'ihe postal address
specified in the relevanf""applicatign" for such licence, or,
when sent by post to the sa:Id,. ad¢lress, on the date when it
should in due course of post Di}(delivered at ,such address:
Provided that a licensee whose licence is cancelled
under this section may, nOj>1ater
month after being
served with a
of such
appeal to
the Governor in CqUtlcil against such "cancellation, and
the decision of the Eiovernor in Council shall be final.
'. (3) A perl'3oh/whose sawmill licence has bee ll cancelled
shall forthwith return it to the Conservator, and, if he shall
he shall be guilty of an offence against this
Ordinance,
'
f
I"
--'--1
pq G", 'Jir
'f r
f
6
- No. 35.
.1943.
.
lenalties.
Power to
make
regulatiops.
'.
11. Any person who is guilty of an offence against thisOrdinance for which no
penalty is provided, /shall
be liable on summary conviction to a penalty of four
nundred and eighty- dollars or to imprisonment for six
months.
in
12. The Governor Council may make regulations for
the purpose of giving effect to any of the provisions of this'
Ordinance
or
to any matters incidental
or ancillary theretQ; . .'
.
' . "
.
-
.
-.
,
/
SCHEDULE
;The Sawmitl$ Ordinance, 1943.
'
..
.....
.'
(Section 3.)
.Mr. .. ... ;.......: ....... ,; .......... '..............................................................:.;.... .
.'of ... ..................... :....... ...................... ............................................ .
in the Colony of Triilidad and Tobago, being the owner of a
sawmill.sit1;late at .... ·.. i•.,;·· .... · .. • ........ .... • ...... .. • .. • ...... •• ............'.. :; .. .' .
in the .Ward of ....... ,............ :,.....;..................................in the
CQunty
.................................... ,............................is hereby
licensed to 9perate such sawmill.
.
•. ; This libenee wilJ 'expire ·on
next. . '.' .
.: l
<lay of
:.
Conservator oj
i
." :i!>ate: .
. :.,
.. )
!
,I:
' . , '. .' ,-'
Passed': in: CounCil this fi#hday of Novemher,,,
: in the year of Qur Lord one t:qousand nine hundred arid'"."
forty-three., .
W.
J.
BOOS,.
Cle'rk oj the Counctt.
194;3
•
TRINIDAD AND TOBAGO.
PRINTED AND PUBLISHED BY A. L. RHODES, M.B:E.,
GOVERNMENT PRINTER.
(Price 60.) .'
';'-"
.'